Mani v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2022

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA Crl.O.P.No.27162 of 2022 1.Mani 2.M.Premalatha ...

Petitioners versus 1.State rep. by the Superintendent of Police, 2.The Inspector of Police, (Crime No.270 of 2022) 3.Selvaraj 4.S.Radhika ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, praying to direct the respondents 1 and 2 to provide adequate police protection to the petitioners and their family and also to give protection from the respondents 3 and 4, their men, agent or whomsoever in respect of the properties comprised in old Survey No.593/1 1/6

and in New RS No.593/1B measuring an extent of 1.66 acres; old survey no.670 and in new RS No.671/1 measuring an extent of 2.10 acres; 670/2 measuring an extent of 3.83 acres; old survey no.593/1 and in new RS No.593/1C measuring an extent of 2.92 acres situated at Komaralingam Village, Tiruppur District and in survey nos.195 measuring an extent of 1 acre; 449/3 measuring an extent of 5.50 acres; 449/1D measuring an extent of 3.19 acres; and 216/2 measuring an extent of 1.70 acres situated at Udumalpet Village, Tiruppur District, in terms of the Contract dated 10.08.2021.

Crl.O.P.No.27286 of 2022 1.Abishek 2.Mani 3.Krishnan ...

Petitioners versus 1.State rep. by the Inspector of Police, (Crime No.271 of 2022) 2.Selvaraj ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, praying to call for the records relating to the proceedings in Crime No.271 of 2022 dated 17.05.2022 on the file of the first respondent police and quash the same.

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For Petitioners : Mr.S.A.Sayed Shuhaibb [in both Crl.O.Ps] For Respondent Nos.1 & 2 : Mr.S.Santhosh [in Crl.O.P.No.27162/2022] Government Advocate (Crl. Side) For Respondent No.1 : Mr.S.Santhosh [in Crl.O.P.No.27286/2022] Government Advocate (Crl. Side) C O M M O N O R D E R Crl.O.P.No.27162 of 2022 has been filed to direct the second respondent police to provide adequate police protection to the petitioners and their family on the complaint given by the son of the first petitioner against the private respondents 3 and 4. Crl.O.P.No.27286 of 2022 has been filed by the petitioners to quash the proceedings pending in Crime No.271 of 2022 on the complaint given by one Selvaraj / second respondent. 2.

Since the matters are connected and the petitioners in Crl.O.P.No.27286 of 2022 are the sons of the petitioners in Crl.O.P.No.27162 of 2022 and the second respondent in Crl.O.P.No.27286 of 2022 is the third respondent in Crl.O.P.No.27162 of 2022, both the matters are taken up together.

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3.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2.

4.

The learned counsel for the petitioners submitted that the petitioners are being harassed by the second respondent police in view of the complaint given by the third respondent in Crl.O.P.No.27162 of 2022 and others.

5.

The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 submitted that both the parties have given counter complaints, on which two F.I.Rs have been registered in Crime No.270 of 2022 and Crime No.271 of 2022 and the investigation is being conducted simultaneously in both the cases.

6.

It is seen that on 18.08.2022, the first petitioner has given representation to the second respondent seeking police protection. Since the petitioners and the private respondents in both the petitions are accused in both the cases, it is obligatory on the part of the petitioners to appear before the police for the purpose of investigation. It is learnt that the 4/6

investigation in these matters have been almost completed and the charge sheet will be filed shortly.

7.

In view of the above, the second respondent police is directed to complete the enquiry and file the final report within a period of two weeks from the date of receipt of a copy of this order. 8.

With these observations, these Criminal Original Petitions are disposed of. Consequently, connected Miscellaneous Petition is closed.

09.11.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri To 1.State rep. by the Superintendent of Police, 2.The Inspector of Police, 3.The Public Prosecutor, Madras High Court, Chennai.

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R.N.MANJULA , J.

sri 09.11.2022 6/6